EBK THE LEGAL ENVIRONMENT OF BUSINESS:
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
10th Edition
ISBN: 9781337516051
Author: Miller
Publisher: YUZU
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Chapter 21, Problem 4CT
Summary Introduction

Case summary: Person T filed a lawsuit against person M on the grounds of sexual harassment at workplace under title VII of Civil Rights Act. The court decides in favor of T. M appealed against the decision of the court.

To find: Reversal of judgement on the basis of contradictory evidence.

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Ben's Bar ("Ben's") is a popular restaurant chain with thousands of employees throughout the United States. Ben's hires only women to fill its bartender positions. A man who did not get hired for a bartender position at Ben's is now claiming that he was discriminated against based on sex; the man sues Ben's. Ben's attorney argues the Bona Fide Occupational Defense. Is this defense likely to work? OYes, if Ben's can prove a customer preference for the female workers. O Yes, because it meets the "Essence of the Business" test. O Yes, because it meets the "All or Substantially All" test. No, because neither test is met, and no other basis for a defense has been presented. O Yes, so long as Ben's is a private company.
You have likely heard of the Liebeck v. McDonalds case. Liebeck spilled hot McDonald's coffee in her lap, suffering third degree burns.  At trial, evidence showed that her cup of coffee was brewed at 190 degrees, and that, more typically, a restaurant's "hot coffee" is in the range of 140-160 degrees.  A jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages.  The judge reduced the punitive award to $480,000, or three times the compensatory award.   Comment on the case, and whether the result was reasonable.
If a person was found guilty for assault and battery in a criminal case, and the person that was hurt brings a civil action against the defendant, does a full trial have to be held again or can the jury just accept the fact that the defendant committed the act?
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